Texas aggravated perjury — Penal Code § 37.03
Texas aggravated perjury is a criminal offense under Penal Code § 37.03. Base conduct is classified as a third-degree felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Classification: Third-degree felony
Punishment range: Third-degree felony (2–10 years + $10,000 fine) under § 12.34
The controlling statute
Texas Penal Code § 37.03 — Aggravated Perjury — applies when a false statement made under oath is material to an official proceeding. Materiality is the only element distinguishing aggravated perjury from the misdemeanor offense under § 37.02. Because the question of materiality is decided by the court rather than the jury, prosecutors often charge aggravated perjury knowing the judge will resolve materiality as a matter of law. The felony classification creates substantial collateral consequences — professional license revocation, immigration impact, and lifetime credibility damage in future testimony.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 37.03 |
| Cluster | Obstruction of Justice |
| Classification | Third-degree felony |
| Range | Third-degree felony (2–10 years + $10,000 fine) under § 12.34 |
| Last reviewed | 2026-05-15 |
Elements the State must prove
To convict on a Texas § 37.03 charge, the State must prove every element beyond a reasonable doubt:
- Defendant made a false statement under oath
- With knowledge that the statement was false
- With intent to deceive
- The statement was material to an official proceeding
Defense strategies
L and L Law Group, PLLC develops the following defense strategies on every Aggravated Perjury case:
- Lack of materiality — a finding of non-materiality reduces the charge to misdemeanor perjury under § 37.02
- Retraction under § 37.05 before the proceeding ends and before exposure becomes likely
- Truth — the State must prove falsity beyond a reasonable doubt; ambiguous answers are not perjury (Bronston doctrine)
- Two-witness rule — Texas common law requires corroboration beyond one witness's testimony
- Suppression of compelled or coerced testimony in violation of Fifth Amendment
- Lack of valid oath — the officer administering the oath must have authority and follow statutory form
Enhancements & collateral consequences
Already a third-degree felony, aggravated perjury can elevate under repeat-offender provisions of § 12.42 — habitual felony status can push punishment into second-degree felony range. When the perjured testimony is given to support or impede a criminal prosecution, parallel obstruction charges under § 38.05 (Hindering Apprehension) or § 37.09 (Tampering with Evidence) may apply.
Key Legal Terms
- Materiality (§ 37.04)
- A false statement is material if it could have affected the course or outcome of the proceeding; decided by the court, not the jury.
- Official Proceeding (§ 1.07(a)(33))
- Any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant authorized to take statements under oath.
- Two-Witness Rule
- Texas common-law rule requiring perjury convictions be supported by two witnesses or one witness plus corroborating evidence.
Frequently Asked Questions
How is materiality decided?
Can I be charged with aggravated perjury for civil deposition lies?
Does retraction protect against aggravated perjury?
What if I was confused about the question?
Will an aggravated perjury conviction affect my license?
References & Authoritative Sources
About the Authors
Reggie London
Co-Founding Partner · Texas Bar No. 24043514
Reggie London co-founded L and L Law Group with a focus on federal criminal defense, complex felony defense, and TEA/SBEC matters. Licensed in Texas, admitted to TXND and TXED.
Njeri London
Co-Founding Partner · Texas Bar No. 24043266
Njeri London co-founded L and L Law Group with a focus on DWI defense, family violence cases, and juvenile defense. Licensed in Texas, admitted to TXND and TXED.
Charged with Aggravated Perjury? Talk to L and L Law Group.
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